From The Pioneer
Saturday, 18 May 2013 | Abraham Thomas | New Delhi
The policy of the Government to recruit IPS officers from Defence and paramilitary forces at SP and DIG level got the approval of the Gauhati High Court recently after the notification on the subject issued on August 29, 2011 was quashed by the Guwahati Bench of Central Administrative Tribunal (CAT).
Though this decision is open for challenge in the Supreme Court, the May 14 High Court decision upheld the new process to recruit IPS officers through a limited competitive examination, unheard of in the past. The Indian Police Service (Recruitment) Rules 1954 so far provided for a national-level competitive examination or by promotion of substantive members of state police service. A new category was added under Rule 4(1)(b) of the 1954 Rules to allow any officer from State police, paramilitary or Defence forces with five years minimum experience to be recruited as IPS by writing a Limited Competitive Examination (LCE).The amended rule that was struck down by Guwahati bench of CAT found favour with the High Court. It held, “The policy decision, as transpires from the scheme of LCE, reveals that the Central Government's decision to induct battle-ready officers having five years of experience from the State police, paramilitary forces and the armed forces, into the IPS, arose out of the Maoist movement. By no means, such a policy can be described as arbitrary.”
The LCE was conducted on May 20, 2012. On a petition by six members of Assam Police Service, the Tribunal stalled the policy thus upsetting the entire recruitment drive carried out by the Department of Personnel and Training and Ministry of Home Affairs.
The High Court had to deal with a set of four objections. The Centre was faulted for not consulting the Joint Cadre Authority provided in the 1954 Rules and failing to carry out simultaneous amendment to the Fixation of Cadre Strength Rules 1955. The Centre, in its appeal before the High Court, also had to defend the upper age limit of 30 years fixed for entry for LCE, the five-year service requirement, and the apprehension that such a move may limit scope of promotion of State police service officers.
Justifying the age bar fixed by Centre, the HC held, “The officer, who got into the State police service at the age of 21 years of age, shall be eligible, at the age of 26 years, for recruitment, by promotion, to the IPS. Hence, the trained officers shall be available for recruitment by LCE at a young age of 26-35 years.” this age was considered perfect by the Court to face the situation posed by Maoist violence, the object being to fill up posts of Superintendents of Police with trained and effective manpower.
The policy of the Government to recruit IPS officers from Defence and paramilitary forces at SP and DIG level got the approval of the Gauhati High Court recently after the notification on the subject issued on August 29, 2011 was quashed by the Guwahati Bench of Central Administrative Tribunal (CAT).
Though this decision is open for challenge in the Supreme Court, the May 14 High Court decision upheld the new process to recruit IPS officers through a limited competitive examination, unheard of in the past. The Indian Police Service (Recruitment) Rules 1954 so far provided for a national-level competitive examination or by promotion of substantive members of state police service. A new category was added under Rule 4(1)(b) of the 1954 Rules to allow any officer from State police, paramilitary or Defence forces with five years minimum experience to be recruited as IPS by writing a Limited Competitive Examination (LCE).The amended rule that was struck down by Guwahati bench of CAT found favour with the High Court. It held, “The policy decision, as transpires from the scheme of LCE, reveals that the Central Government's decision to induct battle-ready officers having five years of experience from the State police, paramilitary forces and the armed forces, into the IPS, arose out of the Maoist movement. By no means, such a policy can be described as arbitrary.”
The LCE was conducted on May 20, 2012. On a petition by six members of Assam Police Service, the Tribunal stalled the policy thus upsetting the entire recruitment drive carried out by the Department of Personnel and Training and Ministry of Home Affairs.
The High Court had to deal with a set of four objections. The Centre was faulted for not consulting the Joint Cadre Authority provided in the 1954 Rules and failing to carry out simultaneous amendment to the Fixation of Cadre Strength Rules 1955. The Centre, in its appeal before the High Court, also had to defend the upper age limit of 30 years fixed for entry for LCE, the five-year service requirement, and the apprehension that such a move may limit scope of promotion of State police service officers.
Justifying the age bar fixed by Centre, the HC held, “The officer, who got into the State police service at the age of 21 years of age, shall be eligible, at the age of 26 years, for recruitment, by promotion, to the IPS. Hence, the trained officers shall be available for recruitment by LCE at a young age of 26-35 years.” this age was considered perfect by the Court to face the situation posed by Maoist violence, the object being to fill up posts of Superintendents of Police with trained and effective manpower.
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